Why rahul gandhi jailed

“Criminal defamation laws, including insult provisions that increase protection for public officials or that grant similar safeguards to State institutions are often used by powerful actors to silence criticism, limit public discussion and protect interests, rather than to legitimately ensure respect for the right of reputation” UNESCO said in a 2022 report.

Congress leader Rahul Gandhi was on Thursday (March 23) Gandhi allegedly said “how come all the thieves have Modi as the common surname?” during a rally in Kolar, Karnataka in the run-up to the 2019 Lok Sabha elections. Boggled by this. Defamation law 101 is that references to a generic class of persons are not actionable unless an individual can show a direct reference to *themselves.* It’s one of the first things you learn in defamation law class. — Gautam Bhatia (@gautambhatia88) The court of Chief Judicial Magistrate HH Varma, which held Gandhi guilty under Indian Penal Code sections 499 and 500, also granted him bail and suspended the sentence for 30 days to allow him to appeal in a higher court, the Congress leader’s lawyer Babu Mangukiya said. Can this conviction disqualify Rahul Gandhi as an MP? The disqualification of an MP convicted for an offence can happen in two instances. First, if the offence for which he is convicted is listed in Section 8(1) of t he Representation of the People Act of 1951. This includes certain specific offences such as promoting enmity between two groups, bribery and undue influence or personation at an election. Defamation does not fall under this list. Explained | Second, if the lawmaker is convicted for any other offence but is sentenced for a period of two years or more. Section 8(3) of the RPA mandates that an MP can be disqualified if convicted and sentenced to not less than two years of imprisonment. How does an appeal against the...

By Srishti Ojha: A court in Gujarat's Surat city on Thursday convicted Congress MP Rahul Gandhi in a criminal defamation case filed against him over his remarks on the ‘Modi’ surname. The complaint was filed by BJP MLA and former Gujarat minister Purnesh Modi against Gandhi for his remark – "How come all the thieves have Modi as the common surname?" The only relief granted to Rahul Gandhi by the CJM court today was 30 days bail, which will enable him to challenge his conviction before a higher court. LEGAL REMEDIES AVAILABLE Senior Advocate Sidharth Luthra told India Today that after conviction, Rahul Gandhi will have to file an appeal and seek a stay on the conviction and/or bail or suspension of sentence. “The remedy for Mr Gandhi is to file an appeal and seek stay of conviction. In Manoj Narula vs Union of India (2014) 9 SCC 1, the Constitution Bench has held that, “a disqualification under Section 8(3) is attracted only if the sentence awarded to a convict is (sic) not less than 2 years imprisonment,” Advocate Luthra said. “So, the first issue will be that with the two years' imprisonment, the disqualification [Section 8(3)] of the 1951 Act will apply,” he added. He further said, "Insofar as Section 8(4) is concerned, it was challenged and struck down in Lily Thomas vs. Union of India & Ors. (2013) 7 SCC 653. Hence there is no 3 months period in which to prefer appeal. While in Lily Thomas, it was stated in para 30 that, 'seat automatically falls vacant by virtue of Ar...

A case was filed against Rahul Gandhi for his alleged “how come all the thieves have Modi as the common surname?” remarks, while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections. He has been convicted in the case and sentenced to two years in jail. Will he now be disqualified from Lok Sabha? (3) A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.] 9[(4)] Notwithstanding anything 10[in sub-section (1), sub-section (2) or sub-section (3)] a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court. ALSO READ

India’s main opposition leader Rahul Gandhi has been disqualified as a member of parliament, a day after being “Rahul Gandhi … stands disqualified from the member of Lok Sabha from the date of his conviction,” a notice issued by the parliament said on Friday, referring to the lower house. In a tweet in Hindi following the move, Gandhi said he is “fighting for India’s voice” and that he “will pay any price for it”. Gandhi, 52, was found guilty in a case related to his speech ahead of the 2019 general elections in which he referred to thieves as having the surname Modi. Gandhi, a scion of the Nehru-Gandhi family and former president of the Congress party, will appeal in a higher court, the party said. ‘BJP fearful of Gandhi’s rise’ Congress officials have described the court order as politically motivated and accused Prime Minister Narendra Modi and the ruling Bharatiya Janata Party (BJP) of targeting political opponents. Congress spokesman Pawan Khera told Al Jazeera the party is “absolutely ready to fight this legally and of course politically”. “We are in the courts of the people and as far as the legal options are concerned, our legal experts are looking into the remedial options available to us,” he said. “The government realises, and if they don’t realise, they will soon realise that Rahul Gandhi in the parliament may not have been as lethal or dangerous for them, but on the on the streets of India, he will be far more dangerous for them to handle. People are with us.”...

The rejection of the plea means Gandhi, former leader of the Congress party and the most recognisable face of India’s political opposition, is disqualified from office and there will now be a byelection in his Kerala constituency. Gandhi’s lawyers said they would challenge the ruling in a higher court. “We are going to challenge the decision in Gujarat high court tomorrow. We have full faith that the judiciary will uphold justice and save the democracy,” said Naishadh Desai. In March, Gandhi was convicted of defamation by a court in Gujarat over a 2019 speech made on the campaign trail in which he linked the prime minister, Purnesh Modi, a legislator in Modi’s home state of Gujarat, subsequently filed a case in the courts alleging that all those named Modi in the country had been offended and defamed by Gandhi’s comment. The case had stagnated in the courts for almost two years, but earlier this year it was resumed and It was also the minimum jail sentence needed in order to expel Gandhi from parliament, which happened Gandhi was granted 30 days bail after the ruling. He immediately filed an appeal, calling the sentence “harsh and excessive”, arguing that the case was “politically motivated” and that a “cloak of defamation” had been used as a means to get him expelled from parliament. Gandhi’s lawyers have also argued that the 130 million people called Modi in India are not one collective group that can be defamed and that the sentence was based on “conjecture not evidence...

Congress leader Rahul Gandhi was on Thursday (March 23) Gandhi allegedly said “how come all the thieves have Modi as the common surname?” during a rally in Kolar, Karnataka in the run-up to the 2019 Lok Sabha elections. Boggled by this. Defamation law 101 is that references to a generic class of persons are not actionable unless an individual can show a direct reference to *themselves.* It’s one of the first things you learn in defamation law class. — Gautam Bhatia (@gautambhatia88) The court of Chief Judicial Magistrate HH Varma, which held Gandhi guilty under Indian Penal Code sections 499 and 500, also granted him bail and suspended the sentence for 30 days to allow him to appeal in a higher court, the Congress leader’s lawyer Babu Mangukiya said. Can this conviction disqualify Rahul Gandhi as an MP? The disqualification of an MP convicted for an offence can happen in two instances. First, if the offence for which he is convicted is listed in Section 8(1) of t he Representation of the People Act of 1951. This includes certain specific offences such as promoting enmity between two groups, bribery and undue influence or personation at an election. Defamation does not fall under this list. Explained | Second, if the lawmaker is convicted for any other offence but is sentenced for a period of two years or more. Section 8(3) of the RPA mandates that an MP can be disqualified if convicted and sentenced to not less than two years of imprisonment. How does an appeal against the...

The rejection of the plea means Gandhi, former leader of the Congress party and the most recognisable face of India’s political opposition, is disqualified from office and there will now be a byelection in his Kerala constituency. Gandhi’s lawyers said they would challenge the ruling in a higher court. “We are going to challenge the decision in Gujarat high court tomorrow. We have full faith that the judiciary will uphold justice and save the democracy,” said Naishadh Desai. In March, Gandhi was convicted of defamation by a court in Gujarat over a 2019 speech made on the campaign trail in which he linked the prime minister, Purnesh Modi, a legislator in Modi’s home state of Gujarat, subsequently filed a case in the courts alleging that all those named Modi in the country had been offended and defamed by Gandhi’s comment. The case had stagnated in the courts for almost two years, but earlier this year it was resumed and It was also the minimum jail sentence needed in order to expel Gandhi from parliament, which happened Gandhi was granted 30 days bail after the ruling. He immediately filed an appeal, calling the sentence “harsh and excessive”, arguing that the case was “politically motivated” and that a “cloak of defamation” had been used as a means to get him expelled from parliament. Gandhi’s lawyers have also argued that the 130 million people called Modi in India are not one collective group that can be defamed and that the sentence was based on “conjecture not evidence...

“Criminal defamation laws, including insult provisions that increase protection for public officials or that grant similar safeguards to State institutions are often used by powerful actors to silence criticism, limit public discussion and protect interests, rather than to legitimately ensure respect for the right of reputation” UNESCO said in a 2022 report.

India’s main opposition leader Rahul Gandhi has been disqualified as a member of parliament, a day after being “Rahul Gandhi … stands disqualified from the member of Lok Sabha from the date of his conviction,” a notice issued by the parliament said on Friday, referring to the lower house. In a tweet in Hindi following the move, Gandhi said he is “fighting for India’s voice” and that he “will pay any price for it”. Gandhi, 52, was found guilty in a case related to his speech ahead of the 2019 general elections in which he referred to thieves as having the surname Modi. Gandhi, a scion of the Nehru-Gandhi family and former president of the Congress party, will appeal in a higher court, the party said. ‘BJP fearful of Gandhi’s rise’ Congress officials have described the court order as politically motivated and accused Prime Minister Narendra Modi and the ruling Bharatiya Janata Party (BJP) of targeting political opponents. Congress spokesman Pawan Khera told Al Jazeera the party is “absolutely ready to fight this legally and of course politically”. “We are in the courts of the people and as far as the legal options are concerned, our legal experts are looking into the remedial options available to us,” he said. “The government realises, and if they don’t realise, they will soon realise that Rahul Gandhi in the parliament may not have been as lethal or dangerous for them, but on the on the streets of India, he will be far more dangerous for them to handle. People are with us.”...